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HomeMy WebLinkAboutO-1677 - Amends Sec. 5.20.075, entertainment clubs (5.20)CIT Y 0 F MAR Y S V ILL E Marysville,washington ORDINANCE NO.I b '77 AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SECTION 5.20.075 OF THE MARYSVILLE MUNICIPAL CODE RELATING TO SUSPENSION AND REVOCATION OF ENTERTAINMENT CLUB LICENSES. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: section 1.section 5.20.075 of the Marysville Municipal Code is hereby amended to provide as follows: 5.20.075 Suspension or Revocation of Licenses (1)The City Council may,at any time,suspend an entertainment club license whenever the licensee,or any manager,officer,director,agent,or employee of the licensee has caused,permitted or knowingly done any of the following: (a)Failed to keep the building structure or equipment of the licensed premises in compliance with the applicable health,building,fire or safety laws, regulations or ordinances in a way which relates to or affects pUblic health or safety on the entertainment club premises. (b)Failed to comply with the operating rules and regulations of entertainment clubs specified in section 5.20.050 of this Chapter. Such suspension shall remain in effect until the conditions causing the suspension are cured and reasonable measures are taken to ensure that the same will not reoccur, as determined by the City council. (2)The City Council may,at any time,revoke an entertainment club license on anyone or more of the following grounds: (a)Whenever the city learns that the licensee or any manager,officer,director,agent or employee of the licensee made a material false statement or Ordinance - 1 ,'. representation,or failed to disclose any material information to the City,in connection with any application for the entertainment club license or any renewal thereof. (b)Whenever the licensee or any manager, officer,director,agent or employee of the licensee fails within a reasonable time to cure a condition that caused a license suspension. (c)Whenever the licensee or any manager, officer,director,agent or employee of the licensee knowingly permits conduct on the licensed premises that violates any federal,state or city criminal or penal statute,law or ordinance. (d)Whenever operation of the entertainment club becomes the proximate cause of a significant increase in criminal activity on the premises or in the immediate vicinity in such a way as to endanger persons or property. (3)Whenever the city Clerk determines that there is probable cause for suspending or revoking an entertainment club license,the Clerk shall notify the licensee by registered or certified mail,return receipt requested,of such determination.Notice mailed to the address on the license shall be deemed received three (3)days after mailing.The notice shall specify the proposed grounds for suspension or revocation.The notice shall also specify that a hearing shall be conducted by the city council at a time and date denominated in the notice,not more than twenty-one (21)days thereafter,to determine whether or not the license should be suspended or revoked.The notice shall be mailed to the licensee at least five (5)days prior to the date set for the hearing.The licensee may appear at the hearing and be heard in opposition to such suspension or revocation.The decision of the city council shall be announced at the conclusion of the hearing and shall be final,sUbject only to a petition for writ of certiorari being filed with the Snohomish County Superior Court within fourteen (14)days following the date of the City Council's decision. section 2.Severability.If any subsection or provision of this Ordinance is adjudicated to be invalid,such shall not affect the validity of any subsection or provision not so adjudged. Ordinance - 2 ,, '-.' PASSED by the city council and APPROVED by the Mayor this {p -t-h day of ~...c..b ,1989. Approved as to form: BY(y.~t2tIT;AT~Y Ordinance - 3 MAYOR EXHIBIT "A" DESCRIPrION: Tlwt portion of the Southwe:>t quarter of the sou t hc c s t quc r t or o t Section 21,Township 30 North,Range 5 Ea:>t,W.M.,dC9cribed as follows: Beginning at the Northeast corner of said Southwest quarter of the Southeast quarter and running thence \"lest 480 feet,more or less,to the Northeast corner of a tract of land conveyed to A.G.Sorenson and V.H.Godkin,by Deed recorded in Volume 246 of Deeds,page 93,under Auditor's File No.441665,records of said County,the true place of beginning;thence South along the East line of said Tract,27 1/2 rods;thence East 96 feet;thence North 271/2 rods;thence West 96 feet to the true point of beginning; EXCEPT County Road; AND EXCEPT that portion thereof lying Southerly of the following described line: Commencing at the Northeast corner of the Southwest quarter of the Southeast quarter of said Section 21;thence North 89°52'39"West along the North line of said subdivision,for 384 feet;thence South 00 °55 I 53"East,parallel with the East line of said subdivision,for 435.49 ~eet to an existing fence and the true point of beginning; thence South 89°46'22"west along·said fence to the \'lest bounda ry of the herein decribed property,the ehd of said line; AND EXCEPT that portion thereof granted to Public utility District No. 1 of Snohomish County,by Warranty Deed recorded on June 21,1979 under Auditor's File No.7906210336. All situated in the County of Snohomish,State of liashington.